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General Counsel

General Counsel, Environmental Protection Agency
Responsibility
Management Scope

In fiscal 2015, the EPA had $7,007 million in outlays, 14,161 total employment and about 4,000 to 5,000 contract employees. As of 2012, the General Counsel managed nine divisions covering a range of environmental and cross-cutting legal issues (e.g., air, water, pesticides and toxic substances), had four direct reports and oversaw approximately 350 attorneys (200 at the headquarters and 150 in regional offices).

Primary Responsibilities

• Serves as chief legal adviser to the Administrator and agency
• Provides legal support for agency actions (rules, regulations, guidance documents, permitting decisions, response actions)
• Represents the agency in court to defend agency actions in coordination with the Justice Department
• Formulates responses and strategies in response to relevant court decisions
• Manages the staff and budget of the general counsel’s office, including handling any HR questions that arise
• Assists with EPA responses to congressional oversight
• Facilitates consistent legal positions across EPA and the 10 regional offices, and coordinates as needed with senior staff or chief attorneys of program offices and/or Department of Justice attorneys
• Provides legal advice regarding immediate and ongoing legislative or congressional issues that arise
• Manages any constitutional issues (e.g., delegations of authority)

Strategic Goals and Priorities
[Depends on the policy priorities of the administration.]
Requirements

• Experience managing and working with a large staff of environmental attorneys and support personnel
• A good relationship with and knowledge of the Justice Department’s Environment and Natural Resources Division
• Experience in litigating agency regulations and policies
• Understanding of congressional workings and the oversight process
• Understanding of the interactions between the EPA and other branches and key offices within government, on both a legal and practical basis

Competencies

• Good legal judgment
• Ability to think creatively about approaches to reforming key environmental regulatory policies
• Strong management and interpersonal skills to enable the full vetting and pursuit of options when there are competing priorities among various stakeholders

Past Appointments
  • Avi Garbow (August 2013 – 2017): Deputy General Counsel, Environmental Protection Agency, with a focus on air and water programs; Federal Prosecutor, Department of Justice’s Environmental Crimes Section; EPA Office of Enforcement and Compliance Assurance
  • Brenda Mallory (January 2013 – August 2013): Associate General Counsel, Pesticides and Toxic Substances Law Office, EPA; Associate Deputy General Counsel, EPA; Special Assistant, Office of the EPA Administrator; Beveridge & Diamond, P.C.
  • Scott Fulton (August 2009 – January 2013): Acting Deputy Administrator, EPA; Acting Assistant Administrator, Office of International Affairs, EPA; Judge, Environmental Appeals Board, EPA; Special Advisor, United States Ambassador to the United Nations Agencies, Rome, Italy
  • Roger Martella (2007 – 2008): Principal Deputy General Counsel, EPA; Principal Counsel for Complex Litigation, Department of Justice, Environment and Natural Resources Division; Associate, Sidley Austin LLP
AGENCY

Environmental Protection Agency

Mission: To protect human health and the environment.

COMPENSATION

Level IV $155,500 (5 U.S.C. § 5315)1

REPORTS TO

The Administrator and Deputy Administrator

SENATE COMMITTEE

Environment and Public Works

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Footnote
  1. The Consolidated Appropriations Act, 2017 (Public Law 115-31, May 5, 2017), contains a provision that continues the freeze on the payable pay rates for certain senior political officials at 2013 levels during calendar year 2017.
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